Many people don’t realize it, but a work related accident can occur in areas that go beyond the building or premises that are used or owned by an employer. For example, if you are scheduled to travel for work, then you are considered a traveling worker.
The law considered any traveling employee to be in continually conducting business. This means that even if you aren’t literally working, you are still covered under workers compensation while engaged in necessary and normal activities, including sleeping and eating. Cases in the state of Florida have consistently shown that if you work a job that requires you remain overnight, then the hotel serves as the temporary place of employment.
Exceptions to the Rule
While the above is true in most cases, there are some exceptions to the rule. For example, if you are engaged in an activity that is completely personal, and is a non-essential, no work-related activity, you won’t be covered. An example of this would be a flight attendant who suffered an injury while skiing during a layover. This is because skiing isn’t a necessary or normal activity.
However, if the same flight attendant suffers an injury while using the hotel’s gym, then they will be covered. Exercise that is done while traveling for business is considered necessary and normal.
Examples of People who Travel as Part of their Job
Some examples of individuals who need to pay attention to this part of Florida’s worker’s compensation law include:
- Traveling sales representatives
- Tow truck drivers
- Semi-truck drivers
- Individuals traveling to a convention or a seminar for work related purposes
Basically, workers compensation will pay your income and medical expenses if injured while on the job and protect your employer from facing a lawsuit.
Third Party Involvement
If a person is injured in the scope or course of employment, there are ways to determine if any third party liability exists. This means that it must be determined if another party could be sued in connection with the accident, besides the carrier of the worker’s compensation insurance.
Why Hire an Attorney?
There is no question that the rules related to workers compensation are entangled and complex. It is best to seek the services and skills offered by a workers compensation attorney to determine the best course of action. Regardless of how you look at it, workers compensation is still a type of insurance. As such, the policyholders are going to try and find ways to reduce what they have to pay or eliminate their client’s liability completely.
If you suffer an injury while you are engaged in any type of activity that relates to your job, then you should seek medical care immediately, even in cases where the injury is minor. There are some injuries that may not produce symptoms for weeks or even days. Once you have seen a doctor, contact a worker’s compensation attorney.
To learn more about workers compensation cases, contact attorney Scott J. Sternberg by calling 561-449-2362.